- LEGAL INFORMATION AND ACCEPTANCE
These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that CABINET BLANQUER, S.A. (hereinafter, CBLANQUER) makes available to Internet users.
CBLANQUER, with registered office at Espace des Remparts, 10 – Sion 2 Valais, 1950 Switzerland and C.I.F. number CHE-116.379.384 , Email: info@blanquer-legal.com
Access to the website is free of charge except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and access to them may be restricted. The services provided by CBLANQUER generally have the price indicated in the corresponding proposal of services or otherwise the price listed on the portal, which CBLANQUER shall have the right to change without prior notice to users.
The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time he/she intends to use the Portal, since the Portal and its conditions of use contained in this Legal Notice may be subject to change.
Some Portal services accessible to Internet users or exclusive to CBLANQUER customers may be subject to special conditions, regulations and instructions which, where appropriate, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Portal, understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the ‘Contents’), are the intellectual property of CBLANQUER or third parties, and none of the exploitation rights recognized by current legislation on intellectual property on the same may be understood to have been transferred to the User, except those that are strictly necessary for the use of the Portal.
The trademarks, trade names or distinctive signs are owned by CBLANQUER or third parties, without it being understood that access to the Portal attributes any right over the aforementioned trademarks, trade names and/or distinctive signs.
- CONDITIONS OF USE OF THE PORTAL
3.1 GENERAL
The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to CBLANQUER or third parties for any damages that may be caused as a result of a breach of this obligation.
It is expressly forbidden to use the Portal for purposes harmful to the property or interests of CBLANQUER or third parties or in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of CBLANQUER or third parties.
3.2 CONTENTS
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of the clause;
- By way of example, the User, in accordance with current legislation, must refrain from:
- a) Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorized by law or expressly consented to by CBLANQUER or by whoever holds the ownership of the exploitation rights, as the case may be.
- b) Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with the current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
- c) Extract and/or reuse all or a substantial part of the Contents of the Portal, as well as the databases that CBLANQUER makes available to the Users.
3.3 DATA COLLECTION FORMS
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and that may be applicable at any time, the use of certain services or requests addressed to CBLANQUER are conditioned to the prior completion of the corresponding User registration.
All information provided by the User through the forms of the Portal for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all data communicated and will keep the information provided to CBLANQUER perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damages caused to CBLANQUER or third parties for the information provided.
3.4 INTRODUCTION OF LINKS TO THE PORTAL
Internet users who wish to insert links from their own web pages to the Portal must comply with the conditions detailed below, without the ignorance of these conditions avoiding the responsibilities derived from the Law:
- a) The link will only link to the home page or main page of the Portal, but may not reproduce it in any way (inline links, copy of texts, graphics, etc.).
- b) It shall be prohibited in any case, in accordance with the applicable legislation in force at any time, to establish frames of any kind that surround the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when they are displayed in conjunction with content outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in the users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of CBLANQUER’s brand reputation and prestige; or (IV) otherwise prohibited by applicable law.
- c) No false, inaccurate or incorrect statement about CBLANQUER, its partners, employees, customers or about the quality of the services it provides shall be made from the page that introduces the link.
- d) Under no circumstances shall it be expressed on the page where the link is located that CBLANQUER has given its consent for the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
- e) The use of any word, graphic or mixed trademark or any other distinctive sign of CBLANQUER within the sender’s page is prohibited except in cases permitted by law or expressly authorized by CBLANQUER and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
- f) The page that establishes the link must faithfully comply with the law and may not in any case provide or link to its own or third party content that: (I) are unlawful, harmful or contrary to morality and decency (pornographic, violent, racist, etc.); (II) induce or could induce in the User the false conception that CBLANQUER subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of CBLANQUER in view of the place, content and subject matter of the sender’s website.
- EXCLUSION OF LIABILITY
4.1 OF THE INFORMATION
Access to the Portal does not imply any obligation on the part of CBLANQUER to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal or tax advice service of any kind, so that such information is insufficient for making personal or business decisions by the User.
CBLANQUER is not responsible for the decisions taken based on the information provided on the Web Site or for any damages caused to the User or third parties as a result of actions based solely on information obtained from the Web Site.
4.2 QUALITY OF SERVICE
Access to the Portal does not imply any obligation on the part of CBLANQUER to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
CBLANQUER is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 SERVICE AVAILABILITY
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to CBLANQUER. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
CBLANQUER is not responsible for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
4.4 OF THE CONTENTS AND SERVICES LINKED THROUGH THE PORTAL
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, CBLANQUER acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of July 12, 2002, on Information Society Services and Electronic Commerce (‘LSSI’) and will only be responsible for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify CBLANQUER in accordance with the procedure and the effects established in clause 6, without in any case this communication entails the obligation to remove the corresponding link.
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of CBLANQUER with the statements, contents or services provided.
CBLANQUER does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to CBLANQUER.
- PROTECTION OF PERSONAL DATA
For more information about the processing of your personal data on the Portal, please refer to the Privacy Policy.
- REPORTING OF ACTIVITIES OF AN ILLEGAL AND INAPPROPRIATE NATURE
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact CBLANQUER indicating the following points:
- a) Personal data of the caller: name, address, telephone number and e-mail address;
- b) Description of the facts that reveal the illicit or inadequate nature of the Linked Site;
- c) In the case of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person other than the communicating party. Likewise, the title accrediting the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when it is a person other than the communicating party, must be provided;
- d) Express declaration that the information contained in the claim is accurate.
The receipt by CBLANQUER of the communication provided for in this clause does not imply, in accordance with the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party.
Likewise, the title accrediting the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when it is a person other than the communicating party, must be provided.
- LEGISLATION
This Legal Notice is governed in each and every one of its ends by Spanish law.